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HomeMy WebLinkAboutOFFICE ON VIOLENCE AGAINST WOMENMAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMBERS Cecilia Iglesias David Penaloza Roman Reyna Vicente Sarmlento Jose Solorio WAR Pv1 PFioa.' l) GLM {)Fcr)ljrq,li,. FEB 2 5 2019 0%xv (0 #,,#W k i rr.11 February 8, 2019 SANTA ANA POLICE DEPARTMENT 60 Civic Center Plaza f P.O. Dox 1981 Santa Ana, California 92702 www }mala-ana.ora Ms. Katherine Sullivan Acting Director Office on Violence Against Women 145 N Street, NE Suite 10 W. 121 Washington, DC 20530 Uc 1-1 N-2019-040 ACTING CITY MANAGER Steven A. Mendoza CITY ATTORNEY Sonia R. Carvalho ACTING CLERK OF THE COUNCIL Norma Mitre -Ramirez Re: Improving Criminal Justice Response Program Certification of Eligibility Dear Ms. Sullivan: As Chief Executive Officer of the City of Santa Ana, I submit this letter to certify to the following: 1. The laws or official policies of the City of Santa Ana encourage or mandate arrests of domestic violence offenders based on probable cause that an offense has been committed; 2. The laws or official policies of the City of Santa Ana encourage or mandate arrests of domestic violence offenders who violate the terms of a valid and outstanding protection order; 3. The laws, policies or practices and the training programs of the City of Santa Ana discourage dual arrests of offender and victim; 4. The laws, policies or practices of the City of Santa Ana prohibit issuance of mutual restraining orders of protection except in cases where both parties file a claim and the court makes detailed findings of facts indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense; 5. The laws, policies and practices of the City of Santa Ana do not require, in connection with the prosecution of any misdemeanor or felony domestic violence, dating violence, sexual assault or stalking offense, or in connection with the filing, issuance, registration, modification, enforcement, dismissal or service of a protection order, or a petition for a SANTA ANA CITY COUNCIL Miguel A. Pulido Juan Villages Vicente Sarmiento David Penaloza Jose solaria Raman Reyna Cecilia Iglesias Mayor Mayor Pro Tem, Ward 5 Ward 7 Ward 2 Ward 3 Ward 4 Ward 6 moulido(a?sana-ane or 'vt ilt2gas yi �anla-ane oro ysamyoaanaanta-areo•a gnenaloza(ilsanla-ana.orp kaioro(aleanta-bnanrr rrevnafalsanta-n8 sora cialesias(tc 5&ntFl-ansate Ms. Katherine Sullivan February 8, 2019 Page Two protection order, to protect a victim of sexual assault, domestic violence, dating violence or stalking, that the victim bear the costs associated with the filing of criminal charges against the offender or the costs associated with the filing, issuance, registration, modification, enforcement, dismissal or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the state, tribal or local jurisdiction; and 6. The laws, policies or practices of the City of Santa Ana ensure that: a. No law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth or child victim of a sex offense as defined under federal, tribal, state, territorial or local law to submit to a polygraph examination or other truth -telling device as a condition for proceeding with the investigation of, trial of or sentencing for such an offense; and b. The refusal of a victim to submit to an examination described in subparagraph (a) shall not prevent the investigation of, trial of or sentencing for the offense. Sincerely, Ov- Steven A. Mendoza Acting City Manager SAM:plw MEMORANDUM Criminal Investkat ons Di_v_ig TO: Chief David Valentin (via Chain of Comm d) FROM: Detective Sergeant Fidencio Zepeda DATE: February 19, 2019 SUBJECT: Domestic violence grant In 2016, the Santa Ana Police Department was awarded a three-year $136,000 grant from the Department of Justice -Office on Violence Against Women (OV W) to collaborate with Human Options, a victim service provider. The grant has provided funding for the Domestic Violence Response Car (DVI) which staffs an officer along with a victim advocate aimed at providing services to victims of domestic violence. The grant has also provided funding for training, community outreach and overtime used to investigate domestic violence cases. We are in our third and final year of our grant with Human Options and the collaboration has been successful. Patrol officers have received additional roll -call training in the area of domestic violence. Special Crimes detectives and Human Options staff have agreed to enter the c mp�f ' process of renewing the grant. Human Options is the lead agency in the grant and is seeki $190,000 to e awarded to the Santa Ana Police Department. The funds from this grant will be used to prove e services to victims of domestic violence by staffing the Domestic Violence Response Car (DV1). The grant will also be used to pay for overtimemeused to investigate domestic violence cases. I have attached a copy of the MOU between Human Options and the City of Santa Ana as well as a Certification of Eligibility to be signed by Acting City Manager Steven A. Mendoza. Respectfully submitted, Sergeant Fiden&o Zepeda #2459 Human Options/OVW Improving Criminal Justice Responses OVW-2019-15743 WOfiK 16M PFOGEwJ°:E) 0i..ERK U'r COUINK"'I _ MEMORANDUM OF UNDERSTANDING BETWEEN 1)1"cl FEB 7 r, 2019 Human Options, Inc. and the City of Santa Ana A� , t'o'6e �'01 WHEREAS, Human Options, Inc. (Human Options), a domestic violence victim service provider, and The City of Santa Ana, a California Municipal Corporation, have come together to collaborate and to make an application for the 2019 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Grant Program; and WHEREAS, the partners below have agreed to enter into a collaborative agreement in which Human Options will be lead agency and named applicant and The City of Santa Ana will be a partner in this application; and WHEREAS, the partners herein, collectively referred to as the Coordinated Domestic Violence Response Coalition (CDVRC), desire to enter into a Memorandum of Understanding (MOU) setting forth the services to be provided by the CDVRC; and WHEREAS, the application prepared and approved by the CDV'RC through its partners is to be submitted to the Office on Violence Against Women on or before February 26, 2019; The parties therefore agree as follows that this MOU stands as evidence that Human Options and The City of Santa Ana, partners in this collaborative, have consulted and coordinated in a meaningful way and intend to work together as partners to develop and deliver integrated services to strengthen legal advocacy and other victim services for victims of domestic violence, dating violence, sexual assault, and stalking, including strengthening assistance to such victims in immigration matters (Statutory Purpose Area 5). 1. Description Partner Agencies. Human Options (lead agency) is a private nonprofit organization specializing in domestic violence victim services. Incorporated in 1981, Human Options provides domestic violence services throughout Orange County, California. Human Options' mission statement is as follows: We ignite social change by educating Orange County to recognize relationship violence as an issue that threatens everyone, advocating for those affected by abuse, extending a safe place for victims and empowering survivors on their journey of healing. Memorandum of Understanding Page 1 of 7 info@Dhumanoptions.org 1 949.737.5242 1 P.O. Box 53745 1 Irvine, CA 92619 1 Tax ID:95-3667917 0 f O in humanoptions.org Human Options/0VW Improving Criminal Justice Responses OVW-2019-15743 Human Options has evolved from a small grassroots effort into a large nonprofit organization that provides comprehensive domestic violence prevention and victim services, including 24-hour bilingual domestic violence hotline counseling, a continuum of housing options for victims of domestic violence and their children, legal advocacy, mental health counseling, children's therapeutic services, community education, and professional training programs. Human Options is well-regarded in Orange County and California as a leader in the domestic violence movement and a catalyst for progressive, collaborative, trauma -informed and empowering services that improve the safety and well-being of families and communities affected by domestic violence. Human Options is dedicated to serving unserved and underserved victims of domestic violence. To increase access to its services, Human Options has established a network of community-based services offered in multiple locations, including its Center for Children and Families and five family resource centers throughout Orange County. Each year, Human Options responds to 5,300 calls for assistance through its hotline and walk-in centers and serves 450 domestic violence survivors through its shelter and transitional housing programs, 1,450 people through its community-based programs, and 11,000 community members through community education. Human Options is the only domestic violence service provider with offices in the City of Santa Ana. The City of Santa Ana (partner) Founded in 1869, the City of Santa Ana is located in Southern California, within 10 miles from the California coast, in central Orange County. The city utilizes a council-manager system of local government to govern its 338,247 residents. The City of Santa Ana's mission is: To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. The City of Santa Ana's vision is to be: The dynamic center of Orange County which is acclaimed for our: • Investment in youth • Neighborhood pride • Enriched and diverse culture • Safe and healthy community • Thriving economic climate • Quality government services Memorandum of Understanding Page 2 of 7 info@humanoptions.org 1 949.737.5242 1 P.O. Box 53745 1 Irvine, CA 92619 1 Tax ID: 95-3667817 0 f © in humonoptions.org Human OptionsfOVW Improving Criminal Justice Responses OVW-2419-15743 The Santa Ana Police Department (SAPD) The SAPD is a community -oriented police department committed to high quality services, innovative leadership, and problem prevention through highly trained and professional employees in modern facilities using the latest technology. The SAPD's mission is to ensure the safety and security of all people in the city by providing responsive and professional police services with compassion and concern. The SAPD has a long history of Problem Oriented Policing. Central to SAPD's Problem Oriented Policing philosophy is a commitment to identifying underserved community members and addressing their needs proactively. History of the Collaborative Relationship Human Options has a long and productive history of collaboration with Santa Ana city government and the SAPD on a variety of projects related to domestic violence. From 2009-2012, the City of Santa Ana provided Emergency Service grant funding for Human Options' domestic violence shelter. Human Options has also received numerous Santa Ana Community Development Block Grants for emergency housing for victims of domestic violence. In fiscal year 2015-2016, the City of Santa Ana granted Human Options funding to educate youth and parents about teen dating violence and healthy relationships. Human Options also has a standing MOU with SAPD, established in 2009, to provide services to victims of domestic violence. Through this MOU, the SAPD links domestic violence victims to Human Options' 24-hour emergency hotline so that hotline advocates can assess victim needs and assist in providing immediate shelter or referrals to victims. Human Options and SAPD have also historically cross -referred victims and participated in community-based projects through two family resource centers located in Santa Ana. In 2014 the City of Santa Ana adopted a five-year Strategic Plan which includes addressing community needs related to domestic violence and sexual assault. In support of the strategic plan, the SAPD has developed several initiatives to promote education and services to domestic violence and sexual assault victims. Each initiative involved a partnership with nonprofit, community, or government agencies. In 2016, the City of Santa Ana, SAPD, and Human Options collaborated to prepare an application for an Office on Violence Against Women (OVW) FY 2016 Improving Criminal Justice Response (ICJR) grant to launch the CDVRC. That application was awarded a three-year grant, beginning on October 1, 2016 and ending September 30, 2019. Human Options, the City of Santa Ana, and SAPD came together to prepare this application in February 2019 to sustain and enhance the existing ICJR project. 2. Roles and Responsibilities. Clearly state the roles and responsibilities each partner will assume to ensure the success of the proposed project. Each partner agrees to participate in the Coordinated Domestic Violence Response Coalition as outlined below. Memorandum of Understanding Page 3 of 7 info@humanoptions.org 1949.737.5242 1 P.Q. Box 53745 1 Irvine, QA 92619 1 Tax ID:95-3697617 V f @ 'lll'I humonoptiormerg Human Options/OVW Improving Criminal Justice Responses OVW-2019-15743 As the lead agency, Human Options, Inc, will receive compensation from this grant in the amount of $31 Q,QQO,over the three-year grant period and commit to the following roles and responsibilities to ensure the success of the project: • Serve as fiscal and project lead; • Appoint Chief Program Officer (with leveraged funds) to oversee grant and budget management, project reporting, and adherence to state, federal, and funder policies; • Allocate Legal Advocacy Program Manager (with leveraged funds) to oversee the project, facilitate project meetings, liaise with SAPD, ensure excellence in client services, ensure tracking of project activities for reports and progress evaluation, coordinate participation in required training and technical assistance (TAT), attend required program orientation, and supervise the Legal Advocate; • Allocate the Residential Program Supervisor (.10 FTE each) to assist with streamlining shelter intake to expedite victim access to shelter during a police response, attend project meetings, and supervise the Domestic Violence Advocate (DVA). • Allocate a Legal Advocate (.50 FTE) to provide bilingual legal services, including legal needs assessments, application assistance, court accompaniment, safety planning, education, and referrals to victims of domestic violence. • Allocate a DVA (.75 FTE) to provide bilingual victim services (including in-person advocacy during DVRT response, advocacy for walk-in clients at SAPD, and follow-up advocacy), participate in project meetings, and document services as required for reports. • Allocate a Staff Therapist (.20 FTE) to provide bilingual, trauma -informed, and culturally competent mental health counseling to victims. • Provide emergency shelter and/or safety net for victims of domestic violence and their children (with leveraged fields). • Comply with OVW and VAWA safety standards to ensure that project staff do not engage in activities that compromise victim safety. As a collaborating, funded agency, the City of Santa Ana will receive compensation from this grant in the amount of $190,000 over the three-year grant period and commit to the following roles and responsibilities to ensure the success of this project: Assign one Domestic Violence Corporal to serve on the project oversight team, attend project oversight meetings, attend required OVW trainings and project orientation, work collaboratively to address obstacles preventing victim access to the criminal justice system, investigate domestic violence cases, supervise the police officers, corporals, and detectives assigned to the DV Car, and participate in data collection and progress Memorandum of Understanding Page 4 of 7 info@humanoptions.org 1949337.5242 1 P.O. Box 53745 1 Irvine, CA 92619 1 TaxiD:95-3667$17 W f @ in humanoptronsorg Human Options/OVW Improving Criminal Justice Responses OVW-2419-15743 9214TMENMUO XftM.1 11210INTMIZE11,111■ � ■ reporting as required by OV W (no designated FTE. Will utilize overtime funds for meetings). • Assign SAPD police officers, corporals, sergeants and detectives to the DV Car on an overtime basis to team up with an advocate from Human Options to respond to domestic violence calls. • Provide space in the SAPD facility to outstation a DVA at the SAPD to assist domestic violence related walk-ins, • Coordinate with Human Options to schedule DVRT ride -along shifts and ensure that SAPD officers staffing the DV Car have received domestic violence training. • Refer domestic violence victims to the DVA for follow-up victim advocacy services. • Train the DVA on SAPD domestic violence response protocols, safety procedures, and other relevant topics. • Comply with OV W and VAWA safety standards to ensure that project staff do not engage in activities that compromise victim safety. 3. Resources. Describe the resources each partner would contribute to the project, either through time, in-kind contributions, or grant funds (e.g. office space, project staff, and training). To offset costs, Human Options will contribute in-kind staff time and salaries of the Chief Program Officer, Legal Advocacy Program Manager, Clinical and Outreach Services Manager, and administrative staff time to support the implementation of the project. Human Options will also provide emergency shelter and OV W -LAV program services with leveraged funds. The City of Santa Ana will provide office space for the out -stationed Human Options DVA as well as meeting spaces for the Human Options Legal Advocate to meet with victims and for project staff to meet for planning meetings related to the grant. 4. Partner Participation. Specify the extent of each partner's participation in developing the application. When the 2019 Improving Criminal Justice Responses to Sexual Assault, Domestic Violence, Dating Violence, and Stalking Chant Program (OVW-2019-15743) grant opportunity was released, Human Options' leadership team identified an opportunity to continue and strengthen its partnership with the City of Santa Ana on the existing OV W-2016 ICJR project. As the lead agency, Human Options set up the initial meeting to review the grant solicitation and collaborate with the City of Santa Ana, Santa Ana Police Department to identify the purpose area to be addressed by the project and to develop the goals and objectives set forth in Memorandum of Understanding Page 5 of 7 info@hui-nonoptions.org 1949.737.5242 1 P.O. Box 53745 1 Irvine, CA 92619 1 Tax ID: 95-3887817 W I Q JFJ humanopttonswg Human Options/OVW Improving Criminal Justice Responses OVW-2019-15743 UNWAZI• ,. t' .i. r ,. the application. Additionally, Human Options and the City of Santa reviewed the funding available through this grant opportunity and agreed on a set amount for each partner to implement the proposed project. Human Options drafted a project narrative and budget based on initial discussions with project partners, and after incorporating feedback from partners, finalized these documents and prepared this MOU. 5. Commitment to Partnership. Demonstrate the commitment of each project partner to work together to achieve stated project goals. The partners agree to collaborate and strengthen legal advocacy service programs and other victim services for victims of domestic violence, including strengthening assistance to victims in immigration matters. Compensation for each partner's contribution to this project will be provided as outlined in the attached OV W budget detail worksheet. The roles and responsibilities described above are contingent on Human Options, Inc. receiving funds requested for the project described in the OVW grant application, 6. Approval and Representatives. Indicate the approval of the proposed project budget by all signing parties. Identify the representatives of the planning and development team who will be responsible for developing and implementing project activities and describe how they will work together and with project staff. The parties signing this MOU have reviewed and approved the project narrative and project budget. The project planning and development team will include Human Options' Chief Program Officer, Judith Rose, Legal Advocacy Program Supervisor, Sara Behmerwohld, and Residential Program Supervisor, Ashley Zanone, and SAPD's Special Crimes Section, Detective Sergeant, Fidencio Zepeda, and Special Crimes Section, Detective Corporal, Maria Lopez. This team will meet quarterly to review progress towards grant objectives, monitor project budget expenditures, and plan and ensure staff participation in OVW-required project orientation and training and technical assistance activities. The individuals on this team will work with project staff, including Human Options' Domestic Violence Advocate, Legal Advocate, and Staff Therapist, and the SAPD staff assigned to this project, meeting with them regularly for individual supervision, providing them with training and cross -training, and assisting them with service coordination, problem -solving, and accessing grant funding to meet project -related goals and objectives. Memorandum of Understanding Page 6 of 7 info humonoptionaorg 1 949.737.5242 1 P.O. Box 53745 1 Irvine, CA 92619 1 Tax ID: 95-3667817 0 f @ 'll"l humanoption"rg Human Options/OVW Improving Criminal Justice Responses OVW-2019-15743 - . ATI 0 • Term of MOU The term of the Memorandum of Understanding will coincide with the grant period, anticipated to be 10/01/2019 through 09/30/2022 or until the end of the grant period as specified in the grant award. Termination This Agreement can be terminated without cause by any party with thirty days written notice to the parties. Any unused funds would be returned to the lead agency. In the event that, the lead agency Human Options is not awarded the Grant, then the MOU is terminated. Hold Harmless The partners shall indemnify, defend, and hold harmless each other, their respective officers, agents, and employees from any expense, liability, or claim for death, injury, loss, damage or expense to person or property that may arise or is claimed to have arisen pursuant to this MOU to the extent that such expenses, liability, or claim is proximately caused by any act or omission of the other, or its officers, agents, or employees. Entire Agreement This Agreement constitutes the entire agreement between the parties regarding the subject matter herein, and supersedes all other agreements, oral or written, between the parties. This Agreement may only be modified in a writing signed by authorized representatives of all parties. Venue/Choice of Law This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed by and construed in accordance with the laws of the State of California. The parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with, or by reason of this Agreement. WHEREFORE, the parties have entered into this Agreement on the date first written above. Memorandum of Understanding Page 7 of 7 info@humenoptions.org 1949.737.5242 1 P.O. Box 53745 1 Irvine, CA 92619 1 Tax to: 95-3687817 0 I @ in humanoptions org N-2019-040 Human Options/OVW Improving Criminal Justice Responses OVW-2019-15743 For Human Options: Maricela Rios -Faust Date Chief Executive Officer Human Options, Inc. ATTEST: Norma Mitre Acting Clerk of the Council Steven A. Mendoza, Acting City Manager C�tlll•L�l `xhY1►:S1NJ Date . r --j , Date APPROVED AS TO FORM_: RECOMMENDED FOR APPROVAL: a �JMZJ_,,� )--2-4;-2#(9 SONIAYCARVAL -O, City Attorney Date LAURA A. ROSSINI, Senior Assistant City Attomey Date DAVID VALENTIN, Chief of Police Date Memorandum of Understanding Page 8 of 7 into@humanoptions.orcg 1 949.737.5242 1 P.O. Box 53745 1 Irvine, CA 92619 1 Tax ID: 95-3667817 f @ in humanoptions.org